DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jonor Contraction Pty. Ltd T/A Jonor Construction
(AG2014/8332)

JONOR CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Jonor Construction Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jonor Construction Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jonor Construction Pty Ltd T/A Jonor Construction. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 15 December 2014 and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 22 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Jonor Contraction Pty. Ltd T/A Jonor Construction, the Fair Work Commission was called upon to approve the Jonor Construction Enterprise Agreement 2014. The application was brought by the employer, Jonor Contraction Pty. Ltd, to have the agreement registered under the Fair Work Act 2009. The dispute centred on the procedural and substantive fairness of the agreement, which aimed to regulate the employment conditions of the employees within the construction industry.

The primary legal issues that the Commission had to address were whether the agreement had been made in accordance with the procedural requirements set forth in the Fair Work Act, and whether the terms of the agreement were substantively fair. This involved scrutiny of the consultation processes employed by the employer, the representation of the employees, and the fairness of the terms and conditions stipulated in the agreement. The Commission had to ensure that the agreement did not adversely affect employees and that it had been negotiated in good faith.

In delivering its decision, the Commission considered the evidence provided regarding the consultation processes and the extent of employee representation during the negotiation of the agreement. It was noted that the employer had engaged in good faith negotiations with the employee representatives and had provided necessary information to facilitate meaningful discussions. The Commission found that the agreement had been made in compliance with the procedural requirements of the Act and that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employer and employees. The Commission approved the agreement, recognising its fairness and compliance with the legislative framework.

The final orders of the Commission were to approve the Jonor Construction Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the agreement is registered and legally binding between the employer and the employees, providing a clear framework for their future employment relations.

Jonor Contraction Pty. Ltd T/A Jonor Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established